§ 45-55-171.21 — Issuance of Certificate Regarding Individual with Mental Illness; Detention and Treatment; Discharge; Notice; Liability

Alabama § 45-55-171.21

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 55: Pike County
• Art. 17: Health and Environment
• Part 2: Health
• Subpart 2: Emergency Protective Custody for Mental Illness

Text

(a)(1) Concurrently with Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22, an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state may execute a certificate stating that he or she has personally evaluated an individual and has found, based upon the observations set forth in detail in the certificate, that the individual appears to be mentally ill, is a danger to himself or herself or others, and requires immediate treatment.
(2) Upon execution of the certificate described in subdivision (1), the attending physician, nurse practitioner, or physician assistant may detain and provide emergency treatment to the individual for up to 72 hours, and consent for medical treatment shall be presumed as provided in Section 22–8–1.
(3) After execution of the certificate, but no more than 36 hours from execution of the certificate, the executor of the certificate shall send the certificate to a person designated by the regional mental health provider for Pike County in order to facilitate the evaluation of the individual and determine need for a petition as provided in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22.
(b) An individual treated pursuant to subsection (a) shall be discharged within 72 hours, unless the Pike County Judge of Probate orders further inpatient or outpatient treatment for the individual as provided in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22.
(c) If a petition is filed and accepted as provided for in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22, and the Pike County Judge of Probate determines that the individual needs to be detained pending a probable cause hearing, the time allowed under Section 22–52–8 will be computed from the date of admission.
(d) An attending physician, nurse practitioner, or physician assistant and hospital providing treatment pursuant to subsection (a) shall make reasonable efforts to contact any designated emergency contact for the individual.
(e)
A licensed hospital and an attending physician, nurse practitioner, or physician assistant who acts in good faith compliance with this section shall be immune from civil or criminal liability for any actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.
(f) If an individual is discharged without further orders of inpatient treatment by the Pike County Judge of Probate, and that individual arrived as a result of law enforcement intervention, the hospital shall promptly communicate this information to the appropriate law enforcement agency. A law enforcement officer from that agency shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer from that agency has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, a law enforcement officer from that agency shall transport the individual to his or her residence or other place of abode if it is within the county.

Legislative History

(Act 2019–536, § 3.)